Since you are out of the area you should probably just hire a local attorney who handles evictions. They’ll be able to help you keep your nose clean and not create an appearance of retribution.
I'm not a lawyer, yada yada........1 year ago you could ask them to leave without needing a definitive reason. But you have about 2 choices in Portland now thanks to a completely lame ordinance from a lame city council who want to keep tenants in their "homes" at all costs. 1) you can evict them on a violation of their lease (not paying, smoking, extra pet, noise, etc), but they have they easily have right to stop the violation and stay. However, if they do it again within 6 months, then it's a straight shot eviction. 2) You can give them what is left of the "no cause notice". Which is 90 days advance, and $4200 relocation money. Paid up front at time you give them notice.
@Luis Gutierrez Evictions are costly and largely a last line measure. Here’s a few things that we do that could be helpful to you in situations like this:
1. Have a conversation with the tenants about your expectations and directly tell them that they are not meeting them. Many times we just get frustrated but fail to communicate clearly.
2. Increase their rental rate so that it stays just below the 10% line for a calendar year and see if that gets them to move.
3. Give them a No Cause Notice of Termination. Get the necessary documents from an organization like Multifamily Northwest and serve the tenants appropriately. You’ll need to pay relocation expenses which vary according to the number of bedrooms in the unit.
4. Last case scenario is to try and do a For Cause eviction. You will need ample documentation and is procedurally much more difficult because you’ll need to send out Cure or Quit Notices for most of the things that you mentioned. If you make it to court then the judge will also want you to potentially negotiate out an agreement, and if that doesn’t work then you’ll go to trial where the ruling doesn’t always go to the landlord.
100% on communicating clearly about rights and expectations. Diffusing frustrations is the only way to resolve the situation.
You might be able to try a "Cash for Keys" situation. Politely explain that you see they could be happier elsewhere and offer them cash if they find a new place within 90 days. Normally I'd say $500 would be plenty, but you might want to go as high as 50% of the relocation costs. With Portland's rules and are making ridiculous demands, it might be the quickest way out.
You're in Portland, so the first step of an eviction is usually to go to the bank and withdraw a bunch of cash.
I'd get a real estate attorney who's well versed in the BS rules of the land. You might qualify for an exemption based on the rules as I'm reading them.
"a Landlord that temporarily rents out the Landlord's principal residence during the Landlord's absence of not more than 3 years;"
careful with the cash for keys thing.........i'm pretty sure they've made that against the rules now too - knowing everyone will try that instead of paying the full relocation money.
You're required to educate the tenant about their rights. Which is telling them about how they are entitled to a ridiculous amount of money to move out. And if you try and side step the rules, and don't put the golden carrot right out in front of them, then you get in trouble (fined) for that too.
I guess in a way, the relocation assistance ordinance is basically cash for keys. Except instead of the $500 that might otherwise be offered by a LL, now the city requires it to be $4200. Oh yeah, and tenants still get 3 months to prepare to move. It's absurd.
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